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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 918 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 918

  To direct the Secretary of Transportation to carry out programs and 
                 activities to improve highway safety.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2011

  Mr. Baucus introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To direct the Secretary of Transportation to carry out programs and 
                 activities to improve highway safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Safety Act of 
2011''.

SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.

    The Secretary of Transportation shall modify regulations issued 
pursuant to section 1402 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (23 U.S.C. 401 note; 119 
Stat. 1227) to allow fire services personnel that are subject to the 
regulations to wear apparel meeting the high visibility requirements 
set forth in the Standard on Protective Ensembles for Structural Fire 
Fighting and Proximity Fire Fighting (NFPA 1971-2007) in lieu of 
apparel meeting the requirements set forth in ANSI/ISEA 107-2004.

SEC. 3. POSITIVE PROTECTIVE DEVICES.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Transportation shall modify section 630.1108(a) of 
title 23, Code of Federal Regulations, to ensure that--
            (1) at a minimum, positive protective measures are used to 
        separate workers on highway construction projects from 
        motorized traffic in all work zones conducted under traffic in 
        areas that offer workers no means of escape unless an 
        engineering analysis determines otherwise;
            (2) temporary longitudinal traffic barriers are used to 
        protect workers on highway construction projects in stationary 
        work zones lasting 2 weeks or more if the project design speed 
        is 45 miles per hour or greater and the nature of the work 
        requires workers to be within 1 lane-width from the edge of a 
        live travel lane, unless--
                    (A) an engineering analysis determines that such 
                conditions do not exist; or
                    (B)(i) the project is located in a State with a 
                population density of 20 or fewer persons per square 
                mile and outside of an urbanized area; and
                    (ii) the road's annual average daily traffic load 
                is less than 100 vehicles per hour; and
            (3) positive protective devices that are necessary for 
        highway construction projects are paid for on a unit pay basis, 
        unless--
                    (A) such payment method would create a conflict 
                with innovative contracting approaches, such as design-
                build or some performance-based contracts for which the 
                contractor is paid to assume a certain risk allocation; 
                and
                    (B) payment is generally made on a lump sum basis.

SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO FURTHER STATE STRATEGIC 
              HIGHWAY SAFETY PLANS.

    Section 112 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(h) Use of Patented or Proprietary Items To Further State 
Strategic Highway Safety Plans.--
            ``(1) In general.--The Secretary shall approve the use of 
        Federal funds made available to carry out this chapter in the 
        payment of patented or proprietary items if the State 
        transportation department certifies, based on the documented 
        analysis and professional judgment of qualified State 
        transportation officials, that--
                    ``(A) the patented or proprietary item will 
                contribute to the accomplishment of 1 or more goals set 
                forth in the State's strategic highway safety plan;
                    ``(B) no equally suitable alternative item exists;
                    ``(C) any specified patented or proprietary item 
                will be clearly identified as a patented or proprietary 
                item in bid documents; and
                    ``(D) any patented or proprietary item specified 
                pursuant to this certification will be available in 
                sufficient quantity to complete any project identified 
                in bid documents.
            ``(2) Clarification of authority.--The authority to utilize 
        patented or proprietary items provided in paragraph (1) is in 
        addition to authority to utilize such products under this 
        section and under section 635.411 of title 23, Code of Federal 
        Regulations, as in effect on March 2, 2009, which may not be 
        revised by the Secretary to reduce authority to utilize 
        patented or proprietary items.''.

SEC. 5. MINIMUM LEVEL OR RETROREFLECTIVITY FOR PAVEMENT MARKINGS.

    Not later than October 1, 2012, the Secretary of Transportation 
shall revise the Manual on Uniform Traffic Control Devices to include a 
standard for a minimum level of retroreflectivity that shall be 
maintained for pavement markings and shall apply to all roads open to 
public travel.

SEC. 6. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi) 
of title 23, United States Code, is amended to read as follows:
                            ``(xi) Installation, replacement, and 
                        upgrade of highway signs and pavement markings, 
                        including any upgrade of materials and the 
                        implementation of any assessment or management 
                        method designed to meet a State-established 
                        performance standard, Federal regulation, or 
                        requirement contained in the Manual on Uniform 
                        Traffic Control Devices relating to minimum 
                        levels of retroreflectivity.''.
    (b) Maintaining Minimum Levels of Retroreflectivity.--
            (1) Eligible projects.--Section 148 of title 23, United 
        States Code, is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(7) Project to maintain minimum levels of 
        retroreflectivity.--The term `project to maintain minimum 
        levels of retroreflectivity' means a project undertaken 
        pursuant to provisions of the Manual on Uniform Traffic Control 
        Devices requiring public agencies to use an assessment or 
        management method that is designed to maintain highway sign or 
        pavement marking retroreflectivity at or above prescribed 
        minimum levels.''; and
                    (B) in subsection (d)(1)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) any project to maintain minimum levels of 
                retroreflectivity on any public road, regardless of 
                whether such project is included in the State strategic 
                highway safety plan; or''.
            (2) Federal share.--Section 120(c)(1) of title 23, United 
        States Code, is amended by inserting ``maintaining minimum 
        levels of retroreflectivity of highway signs or pavement 
        markings,'' after ``signalization,''.

SEC. 7. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR OLDER DRIVERS AND 
              PEDESTRIANS.

    (a) In General.--The Secretary of Transportation shall carry out a 
program to improve traffic signs and pavement markings in all States 
(as such term is defined in section 101 of title 23, United States 
Code) in a manner consistent with the recommendations included in the 
October 2001 publication of the Federal Highway Administration entitled 
``Guidelines and Recommendations to Accommodate Older Drivers and 
Pedestrians (FHWA-RD-01-103)''.
    (b) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion sums authorized to be appropriated to carry 
out this section for such fiscal year among the several States using 
the overall formula share for each State for fiscal year 2009 for all 
funds subject to section 105 of title 23, United States Code, including 
equity bonus funds, obtained after application of such section 105 for 
such fiscal year.
    (c) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be determined in accordance with 
section 120 of title 23, United States Code.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) $90,000,000 to carry out this section for each of the fiscal 
years 2012 through 2016.
    (e) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code.

SEC. 8. RAIL-HIGHWAY GRADE CROSSINGS.

    (a) Transparency of State Survey and Schedule of Railway-Highway 
Grade Crossings.--
            (1) In general.--Section 130 of title 23, United States 
        Code, is amended--
                    (A) in subsection (d), by adding at the end the 
                following: ``Each State shall make surveys and 
                schedules compiled under this subsection available to 
                the public through the Internet Web site of the 
                State.'';
                    (B) in subsection (e)(1), by striking the first 
                sentence; and
                    (C) in subsection (f), by striking ``set aside'' 
                each place it appears and inserting ``made available''.
            (2) Effective date.--This subsection shall take effect on 
        the date that is 180 days after the date of the enactment of 
        this Act.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out section 130 of title 23, United States Code, 
$220,000,000 for each of the fiscal years 2012 through 2016.

SEC. 9. REVIEW OF SAFETY OF RAIL-HIGHWAY GRADE CROSSINGS.

    (a) In General.--The Secretary of Transportation shall conduct a 
comprehensive review of the safety of all highway-rail grade crossings 
in the United States.
    (b) Method.--In reviewing the safety of a highway-rail grade 
crossing under subsection (a), the Secretary shall--
            (1) assess safety conditions, average daily traffic, 
        proximity to schools, past accidents, fatalities, and possible 
        safety improvements; and
            (2) determine the best methods for making crossings safer, 
        including closings, grade separations, installation of 
        protective devices, or other methods.
    (c) Priority List.--The Secretary shall use the information 
collected under subsection (a) to compile, maintain, and submit to 
Congress a list of the 10 highway-rail grade crossings in each State 
that have the greatest need for safety improvements.
    (d) Inclusion in Rail-Highway Grade Crossing Database.--The 
Secretary shall include the information collected under subsection (a) 
and the priority list compiled under subsection (c) in the national 
database on the safety of highway-rail grade crossings required under 
section 20168(a) of title 49, United States Code, as added by section 
10.
    (e) Update.--The Secretary shall update the comprehensive review 
under subsection (a) at least once every 4 years.
    (f) Availability of Information.--The Secretary shall make priority 
lists and databases compiled under this section available to the public 
through the Internet Web site of the Department of Transportation.
    (g) Limitation on Use of Data in Judicial Proceedings.--
Notwithstanding any other provision of law, any report, review, survey, 
schedule, list, data, information, or document of any kind compiled or 
collected pursuant to this section, including materials for 
identifying, evaluating, or planning the safety enhancement of a 
potential accident site or railway-highway crossing, shall not be--
            (1) subject to discovery or admitted into evidence in a 
        Federal or State court proceeding; or
            (2) considered for other purposes in any action for damages 
        arising from any occurrence at a location mentioned or 
        addressed in such report, review, survey, schedule, list, or 
        data.

SEC. 10. RAIL-HIGHWAY GRADE CROSSING SAFETY.

    (a) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:

``SEC. 20168. RAIL-HIGHWAY GRADE CROSSING SAFETY INFORMATION.

    ``(a) Establishment of Database.--The Secretary of Transportation 
shall establish and maintain a national database of information on the 
safety of highway-rail grade crossings in the United States.
    ``(b) Accident and Incident Reports To Be Included in Database.--
The database established under subsection (a) shall contain information 
from incident reports filed with the Federal Railroad Administration 
regarding accidents and other safety-related incidents that have 
occurred at highway-rail grade crossings.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by adding at the end the 
following:

``20168. Rail-highway grade crossing safety information.''.

SEC. 11. RURAL STATE INITIATIVE.

    (a) In General.--
            (1) Allocation.--The Secretary of Transportation shall 
        address the problem of a significant portion of traffic 
        fatalities occurring on highways in rural areas by allocating, 
        for fiscal year 2012 and each subsequent fiscal year, 
        $20,000,000 to each State with a population density of less 
        than 20 persons per square mile (based on the most recent 
        decennial census).
            (2) Use of funds.--Amounts allocated pursuant to paragraph 
        (1) may be used by States for projects, programs, and 
        activities that--
                    (A) are eligible for funding under section 148(d) 
                of title 23, United States Code; and
                    (B) are not located in an urbanized area (as 
                defined in section 134(b)(6), title 23, United States 
                Code).
            (3) Equity bonus program.--Allocations under this 
        subsection shall not be considered--
                    (A) an ``apportionment'' within the meaning of 
                section 105 of title 23, United States Code; or
                    (B) a ``specific program'' within the meaning of 
                subsection (a)(2) of such section.
    (b) Federal Share.--The Federal share of the cost of a project 
carried out under this section shall be determined in accordance with 
section 120 of title 23, United States Code.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) such sums as may be necessary to carry out this section for 
each of the fiscal years 2012 through 2016.
    (d) Applicability of Title 23.--Except as provided under subsection 
(a)(3), amounts made available to carry out this section shall be 
available for obligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United States Code.
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